ISLAMABAD: The Supreme Court has returned a review petition filed by Islamabad’s chief commissioner challenging an order related to the hospital transfer of Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan, sources said on Thursday.
The Supreme Court registrar’s office raised objections to the review petition on Wednesday, according to the sources.
One objection concerned the failure to submit complete paper books along with the review petition, the sources said.
The government is likely to file the petition again after addressing the registrar’s objections, they added.
The case concerns the Supreme Court’s order allowing Imran Khan to undergo a medical examination at Shifa International Hospital.
On Wednesday, Islamabad’s chief commissioner filed a review petition in the Supreme Court against its order allowing former prime minister Imran Khan to undergo a medical examination at Shifa International Hospital.
The petition seeks a review of the Supreme Court’s Aug. 18 order. It argues that the decision overlooked procedures prescribed under the Pakistan Prison Rules, 1978, for transferring prisoners to hospitals.
The government contends that the order was issued without properly considering the legal framework governing the medical treatment of prisoners.
The petition argues that directing Khan’s transfer at the interim stage amounted to granting final relief. It says such relief cannot ordinarily be granted at an interim stage of proceedings.
The chief commissioner further argued that the court granted the relief sought in the case without first resolving fundamental legal questions concerning the maintainability of the petition.
According to the review petition, this approach was contrary to established principles laid down by the Supreme Court.
The petition also invokes Article 10-A of the Constitution, which guarantees the right to a fair trial, and Article 25, which provides for equality before the law.
The government argued that allowing a convicted prisoner to receive treatment at a private hospital could have wider implications for the criminal justice system. It warned that the order could open the door to similar demands from other prisoners.
The petition also said the Islamabad chief commissioner and relevant government departments were not made formal parties to the proceedings and were not served notices before the order was issued.
The government maintained that the order was contrary to the principles of natural justice and fairness.
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The Supreme Court on Tuesday allowed Khan, who is currently incarcerated, to undergo a medical check-up at Shifa International Hospital. The order came amid ongoing legal and political controversy surrounding his health and medical treatment in prison.
